pre-idk Portlet

Volkswagen Car-Net Terms of Service

View vehicle model year 2014-2019 terms of service

Model Year 2020 Vehicles

 

Welcome to Volkswagen.  These VW Car-Net® Terms of Service (“Terms of Service”) apply to your use of and access to Services provided by Volkswagen of America, an operating division of Volkswagen Group of America, Inc. (“VWoA” or “we” or “us”), through a Volkswagen vehicle (“Vehicle”) and any software, websites, or applications associated with VW Car-Net (collectively, the “Services,” as further described herein).  These Terms of Service shall apply to each Vehicle owner, lessee, or renter, or other person accessing or using the Services through such person’s Vehicle or VW Car-Net account (generally defined herein as “you” or “user”).

 

THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US.  If you do not agree to these Terms of Service, DO NOT use the Services.

 

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, WHICH INCLUDE AN AGREEMENT TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES OR THESE TERMS OF SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.  THESE TERMS ALSO INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE NOT TO HAVE A TRIAL BY JURY AND NOT TO PROCEED WITH ANY DISPUTE AS PART OF A CLASS ACTION.  PLEASE SEE SECTION 20 OF THESE TERMS OF SERVICE FOR FURTHER INFORMATION.

 

You must be at least 18 years of age, or the age of majority in your state of residence, to accept these Terms of Service and enroll in the Services as the Primary Driver (defined in Section 2 below).  If you are under age 18, or under the age of majority in your state of residence, your parent or guardian must accept these Terms of Service on your behalf and enroll as the Primary Driver.  You are responsible for informing others who use your Vehicle that the Services are active and that data may be collected from your Vehicle in accordance with the VWoA Privacy Statement, available here, which may be updated from time to time.

 

DO NOT USE OR OTHERWISE ENGAGE WITH THE VW CAR-NET MOBILE APP OR YOUR MOBILE DEVICE WHILE DRIVING.  USERS OF THE APP SHOULD NEVER OPERATE THE APP IN A MANNER THAT IS DISTRACTING TO THE DRIVER.  ALWAYS PAY CAREFUL ATTENTION TO THE ROAD AND DO NOT DRIVE WHILE DISTRACTED.

 

1.     Understanding the Terms of Service

 

These Terms of Service, including any other VWoA terms, policies, and guidelines identified or referenced herein, constitute the complete agreement between you and us with respect to the Services and are legally binding upon the earlier of your agreement to these Terms of Service or your access, use, subscription to, purchase of, upload or transmission to, or download of any information, content, or other materials to or from the Services.  You are responsible for your own compliance with these Terms of Service and for compliance by any other drivers or occupants of your Vehicle and anyone who uses your VW Car-Net account.

 

In addition, your use of the Services, the VW Car-Net website at www.vw.com/carnet (the “VW Car-Net Website”) and the VW Car-Net mobile app (“VW Car-Net App”) are governed by these Terms of Service and the VWoA Privacy Statement, which is incorporated into these Terms of Service.  A copy of the VW Privacy Statement is available here well as on the VW Car-Net Website and in the VW Car-Net App.

 

2.     Setting Up Your Car-Net Account

 

In order to receive all available functionality or features of the Services under a service plan you select (“Service Plan,” as further described in Section 4 below), you will be required to create an account through the VW Car-Net Website or the VW Car-Net App.  You are responsible for maintaining the confidentiality and security of any username, password, and personal identification number (PIN) you use to set up and access your account.  You will be solely responsible for all activity in your account so it is important that you notify us immediately if you become aware of any breach of security or unauthorized use of your account or the Services.

 

The Services permit you through your VW Car-Net account to designate a “Primary Driver” and “Secondary Drivers” of the Vehicle.  The “Primary Driver” is generally the owner or lessee of the Vehicle; “Secondary Drivers” are any other individual(s) the Primary Driver designates and authorizes by name to use the Services.  As between the Primary Driver and any Secondary Drivers, the Primary Driver retains ultimate authority to modify, cancel, change, reactivate, or transfer the Services.  As a reminder, these Terms of Service apply to you including the Primary Driver and any Secondary Driver.

 

3.     How the Services Work; Restrictions and Limitations

 

3.1           Equipment and Coverage Area

 

The Services are provided using hardware and software in your Vehicle (“Equipment”) that enables your Vehicle to receive telematics and other services though the wireless communication networks of wireless service providers and the Global Positioning System (“GPS”) satellite network.  The Equipment receives GPS signals and communicates with our response centers through the use of wireless and landline communications networks.  The location of your Vehicle, particularly in rural or enclosed areas, may affect the availability and quality of the Services.  Some or all of the Services may not be available in all areas.  Services may only be available if your Vehicle is in a geographic area covered by the service network footprint (and within operating range) of one of our wireless providers and is able to receive GPS signals.  Services are currently only available in the continental United States (including the District of Columbia), Alaska, and Hawaii.  Notwithstanding the foregoing Services area restriction, it may be possible for your Vehicle to send and receive data in areas when Services are not available.

 

Not all Services are available everywhere, particularly in rURAL or enclosed areaS, at all times.  You expressly release us and our vw car-Net service providers (DEFINED IN SECTION 3.3 BELOW) from all liabilities and losses (including, without limitation, physical injury and death) that you or others may suffer in a situation where SOME OR ALL OF THE services are not available.

 

3.2           Our Privacy Practices with Respect to Your Vehicle and Data

 

The data collected from the Vehicle and the other information you provide to us in connection with the Services are used and shared in accordance with the VWoA Privacy Statement available here. For more detailed information on our data collection and use practices, please refer to the Car-Net section of the VWoA Privacy Statement.

 

3.3           Third-Party Service Providers

 

We work with many different companies, individuals, and government entities to provide you with the Services.  These may include, for example and without limitation, telecommunications providers, wireless providers, call center service providers, public safety operators, emergency personnel, towing companies, equipment and software manufacturers, licensors, and any parties that provide any service, equipment, feature, or facilities necessary for the Services to work.  These parties are collectively referred to in these Terms of Service as our “VW Car-Net Service Providers.”  In some cases, a VWoA affiliate or subsidiary may be a VW Car-Net Service Provider.

 

The Services include offerings from various third parties with whom we contract to provide their products and services through VW vehicles (“Integrated Content Providers”) whose services are integral to the Services, and without which many of the Services would not work.  VWoA does not create or control the content offered by these Integrated Content Providers.  The Integrated Content Providers are exclusively responsible for the content and the availability of the content accessible through the Services.  Integrated Content Providers have the right to use your data for their own purposes; therefore, services from Integrated Content Providers will be subject to their terms and conditions and privacy statement.  Links to the additional terms and conditions of Integrated Content Providers may be found on the VW Car-Net Website or in the VW Car-Net App.  Your agreement to these Terms of Service and use of the Services to which you subscribe constitutes your agreement to any such Integrated Content Provider terms.  VW collects and shares information with these Integrated Content Providers and receives information from these Integrated Content Providers for the purposes described above and in order for you to receive the services and/or content requested.  For a complete list of the Car-Net Integrated Content Providers and their respective contact information, please see the list of Integrated Content Providers in the VWoA Privacy Statement.

 

In addition to the Integrated Content Providers’ services available as part of the Car-Net Services, you can obtain or purchase additional services or offerings from other third parties that we introduce or with whom you independently engage that rely on the Car-Net platform (“Optional Third Parties”).  Services provided by Optional Third Parties are not integral to the basic operation of Car‑Net Services, but may be added by you in order to receive additional services and/or content from the Car-Net platform.  Examples of services provided by Optional Third Parties include remote package, fuel or other in-vehicle delivery; car sharing; tolling pricing; usage-based insurance; or other third‑party services.  Services or offerings from such Optional Third Parties will be subject to their own separate terms and conditions and privacy statements.  Although not comprehensive, for your convenience, links to some of the additional terms and conditions of Optional Third Parties, as well as their pricing rates, may be found on the VW Car-Net Website or in the VW Car-Net App.

 

By facilitating your access to any services provided by Integrated Content Providers or Optional Third Parties, VWoA makes no representations about or endorsements of such services.  Your relationship in connection with these services is solely between you and the provider.  You should carefully review the terms and conditions of each provider you use.

 

3.4           Verizon Wi-Fi Hotspot

 

With every Vehicle enrolled in Car-Net, Verizon offers a free 30-day trial period of in-vehicle Wi-Fi hotspot.  We share information with Verizon in order to activate the Wi-Fi hotspot during the free trial period, including name, contact information, and equipment identification.  Verizon will handle this data in accordance with Verizon’s privacy statement and terms of service, which can be found here , including for purposes of marketing subscriptions to Wi-Fi services.  If you want to discontinue your Wi-Fi hotspot during the trial period, you can disable your hotspot from the Wi-Fi page in the VW Car-Net Website or VW Car-Net App, or you can contact Verizon directly.  Upon expiration of the 30-day trial period, or earlier if you exceed 1G data usage, you must enter into a subscription agreement with Verizon to continue your Wi-Fi hotspot service, and your data will continue to be governed by Verizon’s privacy statement and terms of service.  You will need to contact Verizon directly in order to cancel your Wi-Fi subscription.

 

3.5           Software

 

We use software in connection with the Services.  We or our VW Car-Net Service Providers own or have rights to all such software and you do not acquire any rights in such software other than the right to use such software as reasonably necessary for you to use the Services as permitted in your Service Plan and these Terms of Service.  We or our VW Car-Net Service Providers may update or modify the software contained in your Vehicle’s systems or the Equipment from time to time, and we may do this remotely, without notifying you or seeking your consent.  These software updates and modifications may affect or erase data that you have previously stored on the Equipment in your Vehicle (such as specific route or destination information).  We and our VW Car-Net Service Providers are not responsible for any lost or erased (or otherwise affected) data, and you are solely responsible for the data that you may have downloaded, uploaded, transmitted, or otherwise stored from, to, on, or through the Equipment or Services.

 

3.6           Voice Recognition

 

Voice recognition software, which may be able to recognize different voices, accents, speech patterns, and words, may be used in connection with the Services.  We do not represent or guarantee that such software will recognize or work with your or other voices, accents, or speech patterns, or recognize some or all words, some or all of the time.

 

3.7           Events Beyond Our Control

 

Various conditions beyond our control may prevent or delay us from providing any or all of the Services to you, or affect the quality of the Services.  The availability of the Services is not guaranteed.  We are not responsible for failure or delay in providing the Services if caused by acts of nature or forces or conditions beyond our control including, but not limited to, congestion, outages, or failure of public utilities, internet, computers, telecommunications, or wireless networks (such as interruption of cellular service); acts of war; act of God; government actions; terrorism; civil disturbances; labor shortages, strikes, or difficulties (regardless of cause); atmospheric, geographic, or topographic conditions (such as tall buildings, hills, or tunnels); inclement weather; natural disaster; damage to or failure to maintain your Vehicle or the Equipment in good working order; or government laws, rules, or regulations.  In the event of any of the foregoing or similar events beyond our control, we may, in our discretion, suspend or terminate the Services (in whole or in part) or terminate your Service Plan, without notice to you and without any refund, compensation, credit, or other liability to you.  You are not entitled to a credit or refund as a result of any delay or failure described herein.

 

In the event of any regulatory, governmental, or other legally compelled changes, or discontinuation or change of necessary telecommunications, systems, services, or technologies (for example, if your wireless provider terminates, sunsets, or restricts wireless services or communication technologies of the type used by your Vehicle’s Equipment), it may be necessary to replace Equipment for you to continue to receive Services.  You are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessary to receive the Services as a result of such change or discontinuation.

 

4.     Service Plans

 

Current information about Services and Service Plans available for Vehicles can be found at the VW Car-Net Website (www.vw.com/carnet).  We may change, add, or delete Services and Service Plans at any time with or without notice to you.

 

4.1           Basic Service Plan

 

Unless otherwise specified by VWoA, the VW Car-Net basic plan (“Basic Plan”) is included with model year 2020 Vehicles at no additional cost.  The Basic Plan runs for a specific period from the date the Vehicle is first purchased or leased from a VW dealership based on the model year and trim level of the Vehicle.  When you purchase your vehicle, you should ask your VW dealership to specify the end date of the Basic Service Plan associated with your Vehicle.  Specific features available with the Basic Plan are available on the VW Car-Net Website or on the VW Car-Net App, or both.  Some VW Car-Net features require other factory-installed features in your Vehicle and, therefore, may not be offered or available in your Vehicle.  If you do not know the features available in your Vehicle with the Basic Plan or the end date of the Basic Plan associated with your Vehicle, please contact a Car-Net Response Center representative at 1-833-648-2735 to receive that information.

 

To continue to receive the services and features of the Basic Service Plan after the term of the Basic Service Plan expires, you will need to purchase or subscribe to a paid Service Plan prior to the end of your Basic Service Plan term.  To purchase or subscribe to a paid Service Plan, please visit the VW Car-Net Website or the VW Car-Net App or call us at 1-833-648-2735.

 

4.2           Paid Service Plans; Subscriptions

 

VWoA may make available certain paid Services and subscription-based Service Plans (collectively, “VW Paid Plans”) from time to time, each with various services and features for model year 2020 Vehicles.  Information about specific features and pricing (“Service Rates”) for Service Plans, including VW Paid Plans, is available at the VW Car-Net Website or on the VW Car-Net App or by calling us at 1-833-648-2735.  VW Service Plans may not include services provided by certain third parties which are subject to separate terms and conditions.  See Section 3.3 of these Terms of Service for more information about Integrated Content Providers and Optional Third Parties and their services.

 

5.     Service Rates for VW Paid Plans; Payment Terms

 

5.1           Service Rates

 

Billing information for all VW Paid Plans, including, where applicable, the frequency and amount of any recurring charges, are specified on the VW Car-Net Website or the VW Car-Net App or are available by calling us at 1-833-648-2735.  We will notify you of any price increases applicable to your Service Rate for any VW Paid Plan, in which event, you will have the opportunity to cancel Services if you do not agree to the new Service Rate.  Continued use of the Service following such notice of an increase(s) after the opt-out period expires indicates your acceptance to such changed Service Rate.  Service upgrades, enhancements, or updates that you request and that we may provide, in our sole discretion, may be subject to additional fees or charges for which you will be fully responsible.

 

5.2           Payment Authorization

 

You may be asked to provide us with a valid credit card number from a card issuer that we accept in order to activate your Services.  Notwithstanding anything to the contrary in these terms, we are not obligated to accept any particular method of payment.  You hereby authorize VWoA to charge and/or place a hold on your credit card for all amounts due by you in accordance with the payment terms applicable to your particular VW Paid Plan.  In the event your payment is returned for insufficient or uncollected funds, you authorize us to resubmit, except as otherwise provided by law or applicable rules.  Fees associated with your payment account including, but not limited to, insufficient funds fees, reversal fees, or overdraft fees, are your responsibility and will not be reimbursed by us.

 

We may verify, either ourselves or through third parties, your credit card information.  We may receive automatic updates of your credit card information from the financial institution that issued your card in order to keep payment information current.  Notwithstanding the foregoing sentence, if your payment information has changed at the time payment is due, you must arrange for payment or provide us with updated payment information, or else we may discontinue the Services.  We may terminate or suspend your Services (in whole or in part) without notice to you, if your credit card provider refuses a charge from us, or if such card has otherwise expired.  Even if we terminate or suspend your Services, you will still be responsible for any charges due at the time of such suspension or termination.

 

5.3           Payment of Recurring Charges

 

In the event you are enrolled in a VW Paid Plan with an automatic renewal feature, you authorize us to use your credit card to automatically charge recurring fees due for renewal of or continued subscription to a VW Paid Plan.  All recurring payments will be due in the amounts and frequency specified for the particular VW Paid Plan and will be charged in advance of the term to which they apply.  If your billing cycle falls on a weekend or holiday, we may charge you on the next business day.  To cancel the Services and stop automatic renewal or recurring payments under a VW Paid Plan, follow the instructions in Section 6.1 of these Terms of Service.

 

5.4           Taxes, Fees, and Surcharges; Other Charges

 

Service Rates for VW Paid Plans do not include certain taxes, fees, and surcharges that may apply to your Service.  In addition to all applicable Service Rates, you agree to pay all taxes, fees, and surcharges charged to you by us, which will be added to your bill.  Without limiting the foregoing, we may impose a surcharge or fee applicable to your credit card payments in an amount that is not greater than the amount paid by us to our payment processor for processing the transaction.

 

You are responsible for paying directly to third parties, such as medical providers, emergency responders, and roadside assistance providers all charges for products or services furnished by them directly to you that are not expressly covered by your Service Plan.  Any fees, fines, or other charges levied by law enforcement agencies or authorities and/or public safety access services, due to a false alarm or similar occurrence, and related costs, will be your responsibility.  We may bill you such charges and costs directly to you, and you agree to pay such charges and costs upon receipt.

 

5.5           Disputed Charges

 

If you think that there has been an error in any charge billed by or through us, you must notify us by calling 1-833-648-2735 within 60 days, or such longer period as required by law, after the charge is posted to your account to request an adjustment.  If you do not contact us about the disputed charge within this time period, you agree that you have waived your right to dispute the charge and must pay all amounts due in full.  If you wish to dispute any charges billed by an Integrated Content Provider or Optional Third Party for their services, you must contact that party directly.

 

6.     Service Cancellations and Refunds

 

6.1           How to Cancel Service Plans

 

You can cancel or terminate your Basic Service Plan or a VW Paid Plan at any time by calling a Car-Net Response Center representative at 1-833-648-2735 or visiting your account profile on the VW Car-Net Website or the VW Car-Net App and following the instructions to cancel a Service Plan.  If you are participating in a VW Paid Plan, you must provide your notice of cancellation at least 15 days prior to the start of your next renewal period in order to avoid being charged for the next renewal period.  Your cancellation of a Basic Service Plan will be effective as of the date of your cancellation request.

 

When you cancel a VW Paid Plan, your cancellation will be effective as of the date you request your VW Paid Plan to be cancelled.  For Services provided by Integrated Content Providers or Optional Third Parties pursuant to their separate terms and conditions, you must follow the cancellation terms and requirements specified in those terms and conditions.  Visit the VW Car‑Net Website or the VW Car-Net App for links to the terms and conditions of VW Integrated Content Providers or Optional Third Parties.

 

Please note that unless and until you cancel all Service Plans in which you have enrolled (including the Basic Service Plan and any VW Paid Plans), data may continue to be collected from your Vehicle for the Service Plan in which you remain enrolled.  Even if you cancel your Basic Plan or a VW Paid Plan, your Vehicle may continue to have a functioning i-Button (as described in Section 7.1 of these Terms of Service) that may allow you to reach a Car-Net Response Center representative.

 

Please see Section 9 for notice and cancellation requirements if you transfer or sell your Vehicle.

 

6.2           Refund Policy

 

If you cancel Services provided through a VW Paid Plan within 30 days of activation of such Services, the Services shall be disabled, and all fees paid to VWoA related to the cancelled VW Paid Plan shall be automatically credited in full to your credit card on file.  Please allow 14 days to complete such refund.  No credits or refunds shall be issued by check, money order, debit card, or any other method other than crediting your credit card on file.

 

No refunds will be provided for any vw Paid plan for cancellation requests received more than 30 days after activation of the Services in your Vehicle, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE IN THESE TERMS of service.

 

Notwithstanding anything herein to the contrary, in no event will you be entitled to a refund for:  (i) any payment that was included in the purchase or lease price of your Vehicle; or (ii) for any one-time activation fees or transaction-based fees you may have incurred.  Such amounts are non‑refundable.

 

VWoA may, in our sole discretion, offer a credit on a case-by-case basis for a VW Paid Plan should your Vehicle become a total loss, as determined by us in our sole discretion, and if you notify us within seven days of the Vehicle loss incident by calling Car-Net Response Center at 1‑833‑648-2735.  We may also, in our sole discretion, give a credit for a VW Paid Plan (in an amount determined by us) for continuous Service interruption of more than 24 hours on a case‑by‑case basis, if such interruption was reasonably within our control, as determined by us in our sole discretion, and if you notify us within seven days of the continuous interruption.  Any such credit shall constitute your sole and exclusive remedy for such failures, and you waive and release us from any further liability to you in connection with such Service interruption.

 

7.     Terms Applicable to Specific Services or Service Features

 

7.1           Use of Service Buttons (Three-Button Module)

 

 


i-Button          Wrench Button        SOS Button

 

Your Vehicle may be equipped with certain service buttons, which may include the i-Button, Wrench Button, and SOS Button.  Please consult the owner’s manual for information service buttons including important warnings.  Subject to your Vehicle’s Equipment, the plan that you have enrolled in, and connectivity requirements:  (i) all Services available through information assistance may be accessed through use of the i-Button in your Vehicle; (ii) the Services that may be available to you for non-emergency roadside assistance (such as help with flat tires) can be accessed through the Wrench Button in your Vehicle; and (iii) the Services provided for emergency assistance may be accessed through use of the SOS Button in your Vehicle.

 

If you have enrolled in a plan for Services, but have not created a Car-Net account through the VW Car-Net Website or the VW Car-Net App, Services available through the i-Button and SOS Button will be limited.  Certain features that require user authentication will not be available until your Car-Net account has been created.  The i-Button, Wrench Button, and SOS Button may not be available during system updates or changes, or due to reasons otherwise specified in these Terms of Service.

 

Calls with our Car-Net Response Center representatives, emergency personnel, or law enforcement may be monitored or recorded for purposes of quality assurance, issue resolution, maintaining service, training, or promoting or providing services.  Our Car-Net Response Center representatives and our VW Car-Net Service Providers’ customer service representatives may remain on the line while conferencing in a third party to assist in completing a service request.  You (for yourself and your Vehicle’s occupants and anyone else acting or using the Service on your behalf):  (I) expressly consent to the monitoring and recording activities described herein; and (II) release us and our VW Car-Net Service Providers from claims, liabilities, and losses resulting in connection with any such monitored and/or recorded communications.

 

7.2           Non-Emergency Roadside Assistance

 

Non-emergency roadside assistance (such as help with a flat tire) accessed through the Wrench Button in your Vehicle is provided by third parties that may involve additional cost to receive.  For example, you may be required to pay fees to a towing company if your car is towed for repair service.  If certain roadside assistance services were included in the purchase of your Vehicle for a limited period of time, such third-party fees may be covered during that time, and you will be required to pay the third-party fees following the expiration of the included roadside assistance period or those third-party fees for services that were not included in the purchase of your Vehicle.

 

7.3           Emergency Assistance

 

We will attempt to contact appropriate emergency personnel, such as police, fire department, or emergency responders, for assistance when you request it through use of a service button or when the Equipment in your Vehicle signals for it, but we cannot guarantee that any such emergency personnel will respond in a timely manner or at all.  We will assume an emergency exists if we receive a crash notification signal from your Vehicle, such as a signal that your air bags have deployed.  If applicable laws require an emergency to be confirmed before emergency personnel provide service, we will not contact emergency personnel in these areas until we hear your request for assistance, reasonably believe an emergency exists, or otherwise confirm that an emergency exists.

 

You expressly release us and our vw car-Net service providers from all liabilities and losses (including, without limitation, physical injury and death) that you or others may suffer in AN EMERGENCY SITUATION INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF OUR FAILURE TO CONTACT APPROPRIATE EMERGENCY PERSONNEL, OR a situation where the I-BUTTON, WRENCH BUTTON, OR SOS BUTTON OR services are not available.

 

7.4           Locating Your Vehicle If It Is Stolen

 

If you have paid for the applicable Service Plan that includes location service(s) for stolen vehicles, we will attempt to locate your Vehicle if it has been stolen.  Our policy is to only provide location information about stolen vehicles directly to law enforcement after receipt of required information and confirmation that the vehicle is stolen.  Neither we nor our VW Car-Net Service Providers have any obligation to continue our attempts to locate your Vehicle after 30 days from the time it is first reported stolen to us, and we can’t guarantee that we will be able to find it.  We do not have any obligation to try to find your Vehicle outside of a Vehicle theft situation, such as trying to locate an individual for you.  If your Service Plan provides you with the ability to locate your Vehicle, such as through a mobile application, you should not use this feature to try to locate a stolen vehicle for your own safety.  Such efforts are for appropriate law enforcement agencies.

 

To enable you to continue to receive the benefits of the Services in the event your Vehicle is recovered, we do not terminate the Services when you report that your Vehicle is stolen, and we will not terminate the Services unless and until we get express instructions from you.  However, if we have activated a stolen vehicle location service for your Vehicle, some Services may be suspended or unavailable during the time the stolen vehicle location service is activated.

 

7.5           Vehicle Health Reports

 

Your Service Plan may allow you to receive point-in-time diagnostic information regarding your Vehicle’s operations (“Vehicle Health Report”).  Not all systems and components are reported by the Vehicle Health Report.  The Vehicle Health Report does not replace the need to perform scheduled maintenance and vehicle inspections.  Refer to your Vehicle’s warning and indicator lights for the most current diagnostic information.  Always consult owner’s literature for maintenance guidelines.  You should always follow the Vehicle’s scheduled maintenance instructions, regularly inspect your Vehicle, and seek diagnosis and repair of damage or concerns at an authorized VW dealership.  Failure to perform scheduled maintenance and regularly inspect your Vehicle may result in vehicle damage, serious injury, and/or lack of warranty coverage.

 

7.6           Scheduling Service Appointments

 

Depending on your Service Plan and your VW dealership’s participation in the program, you may be able to schedule an appointment with your VW dealership through the Service.  Your request for a service appointment is a request we send to your VW dealership and is not an agreement by us or your VW dealership to accept all the items contained in your request or complete them.  If you would like to change the VW dealership we have on file for you, you can change it using the VW Car-Net Website or VW Car-Net App.  We and your VW dealership reserve the right at any time to decline or cancel any appointment at any time after you schedule it.  We or your VW dealership will endeavor to give you notice of such cancellation.

 

By accepting these terms, you consent to us sharing your Vehicle data and other information provided in connection with VW Car-Net registration and Services as described in the VW Privacy Statement.  You may be contacted by us or an authorized VW dealership to discuss certain information available from your Vehicle such as warning lights or, depending on your Service Plan, your Vehicle Health Report.  Some Vehicle issues require immediate attention.  You should not solely rely on the outreach described here to schedule service appointments or otherwise attend to your Vehicle; any outreach to you by us, any VW dealerships, or third parties is intended for your convenience only and does not replace your responsibility to perform scheduled maintenance, regularly inspect your vehicle, heed warnings and instructions in your owner’s manual, deliver your Vehicle to an authorized service provider for certain repairs, or comply with recall campaigns.  You should always refer to your Vehicle’s warning and indicator lights for the most current diagnostic information and always consult your owner’s manual for maintenance and repair guidelines.

 

7.7           Use of Vehicle Data for Insurance Purposes

 

If you participate in DriveView™, a usage-based insurance program supported by the Services, separate terms of service apply available here

 

7.8           Service Limitations Based on Model or Trim Levels

 

The services and features provided by the Services may not work with or be available to all models or trim levels of Vehicles.  If you purchase your Vehicle from a VW dealership, the dealership should be able to inform you about any Services that your Vehicle does not support.  Or, you may call the Car-Net Response Center at 1-833-648-2735 to inquire.

 

7.9           Text and Data Rates

 

Standard text and data rates may apply to your use or receipt of certain Services.

 

8.     Your Additional Responsibilities

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY.  IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER DRIVER OR OCCUPANT OF YOUR VEHICLE) FOLLOW INSTRUCTIONS FOR USE OF THE SERVICES, EXERCISE GOOD JUDGMENT, AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS WHEN OPERATING YOUR VEHICLE, USING THE EQUIPMENT AND SERVICES, AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (INCLUDING THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.

 

8.1           Maintaining Your Vehicle

 

In order for us to fully provide the Services, the Equipment in your Vehicle must be in good working order and your Vehicle must have a working electrical system and adequate battery power.  The Services may not work if you try to modify the Equipment or add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Services.  You may need to adjust your use of other Vehicle features, such as adjusting the volume of your radio to hear the audio portions of the Service.  You are solely responsible for the proper maintenance of your Vehicle and its systems (including the Equipment) and for keeping them in good working order and using them in compliance with these Terms of Service and all applicable laws.  Always consult owner’s literature for maintenance guidelines and the Vehicle’s scheduled maintenance instructions.

 

8.2           Insuring Your Vehicle

 

The Services do not constitute insurance and you should not rely on it to limit the potential for loss, theft, or damage to your Vehicle or property.  You are solely responsible for obtaining and maintaining any and all insurance for your Vehicle, your passengers, and your property.  No insurance company or insurer will be entitled to any right of subrogation against us or our VW Car-Net Service Providers.

 

8.3           No Illegal, Fraudulent, or Abusive Use of the Services

 

You agree that you will not use the Equipment, the Services, the VW Car-Net Website, or the VW Car-Net App, or contact our Car-Net Response Center representatives or emergency services for illegal, fraudulent, or abusive purposes, including to harass, threaten, abuse, defame, or slander, any individual or entity.  You agree that you will use our emergency and roadside service only for actual emergencies and legitimate roadside assistance and remote vehicle door unlock needs.  The remote door unlock is not intended as a substitute for carrying your Vehicle key with you.

 

You may not use the Services in a manner that interferes with any other customers’ use of our Services or our provision of our Services to our other customers.  You agree you will not abuse or do anything to damage our or any of our VW Car-Net Service Provider’s respective businesses, operations, services, reputation, employees, equipment, property, or facilities.  You further agree that you will not harass, threaten, or use vulgar, abusive, and/or inappropriate language toward any customer service representatives.  You acknowledge that we have the right to terminate your Services if you exhibit such inappropriate behavior, in our sole discretion.

 

8.4           No Unauthorized Use of the Services or Software

 

You may not engage in any activity to deliberately damage the Services, including any software, data, or settings therein, or undermine the operation or the Services.  Without limiting the foregoing, you are expressly prohibited from transmitting any software or other materials containing viruses, worms, defects, date bombs, time bombs, spiders, Trojan horses, screen‑scrapers, web-bots, or web crawlers or other such destructive or disruptive devices; modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, disassembling, circumventing, or tampering any portion of the Services; or otherwise exploiting the Services in any unauthorized way.  VWoA reserves the right to investigate any suspicious activity and to take all such actions against and obtain such remedies against any user who violates these provisions to the fullest extent permitted by law.  We reserve the right to disclose any information about you, including your account information and access to and use of your account, to law enforcement as necessary, and as permitted by law, to enforce these Terms of Service, to comply with any court order, or as permitted in the VW Privacy Statement.

 

8.5           No Resale of the Services and Limitation on Commercial Use

 

Except as may be permitted by VWoA in writing, the Services, including the messages, data, information, content, or other material provided as part of the Services, are provided only for your personal use, and not for re-sale.  Certain information you receive through the Services belongs to us or our VW Car-Net Service Providers (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections.  You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Services or any information provided through the Services for commercial purposes.  You must not resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, attempt to reverse engineer, or create derivative works from the Equipment or otherwise display or distribute information or content you receive through the Services.

 

8.6           No Rights to Identifiers

 

You have no property right in any number, address, or other communication identifier that may be assigned to you or to the Equipment in connection with the Services.  Any such number, address, or identifier may be changed from time to time.

 

9.     Transferability - If You Sell Your Car

 

If you plan to sell or transfer your Vehicle or turn your Vehicle in at the end of its lease, you should notify us by contacting one of our Car-Net Response Center representatives at 1-833-648-2735, and you should cancel your Service Plans in accordance with Section 6 of these Terms of Service.  You remain responsible for the Services and any applicable fees due under the VW Car-Net account until you contact us and cancel Services.

 

If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages to the Equipment in your Vehicle and other personal information may be available through the Equipment.  We are not responsible for any privacy-related damages you may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle.

 

It is your responsibility to remove all data and content (including any personal information), if any, that you may have stored on your Vehicle before you sell or transfer your Vehicle.  It is also your sole responsibility to cancel the Services related to the Vehicle you turn in, including any wireless data plan with your wireless provider or services provided by Optional Third Parties.  You can check your owner’s manual or call the Car-Net Response Center at 1‑833‑648‑2735 to learn how to perform a factory reset or otherwise delete information stored on your Vehicle.

 

10.  Rental and Fleet Vehicles

 

These Terms of Service also apply to drivers and users of rental cars and other company fleet vehicles that are equipped with VW Car-Net Equipment and have the Services activated by the owner or fleet manager.  It is the responsibility of the fleet vehicle owner or fleet manager to notify drivers and users of Vehicles of the Terms of Service.  When you use the Services or drive a Vehicle from such fleet with active Services, these Terms of Service shall apply to your use.  Additional terms and conditions may apply to Services provided to fleet vehicles and those additional terms and conditions will govern if they conflict with these Terms of Service.  The owners or managers of the fleet may use the data collected through the Services in additional ways that are not covered in these Terms of Service or the VW Privacy Statement.  Therefore, you should check with the owners or managers of the fleet or rental cars if you have questions about any requirements, limitations, or data practices that may apply to your use of the VW Car‑Net‑equipped Vehicle or Services.

 

11.  Our Right to Terminate Services

 

We can decide to either suspend or terminate the Services at any time for any reason in our discretion, including:  (i) for network or system maintenance, improvement, congestion, or failure; (ii) if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose; (iii) as a result of your breach of these Terms of Service; (iv) due to any event beyond our control as described in Section 3.7 of these Terms of Service; or (v) for reasons unrelated to you or your account with us.  If suspension or termination of the Services occurs for any reason, you acknowledge and agree that you may not be able to access the Services, including the emergency services.

 

If we elect to terminate your Services (in whole or in part) as a result of your breach of these Terms of Service or unauthorized use of the Services or Equipment, you will not be entitled to any refunds or credits.  You do not have any right to have your Services reactivated, even if you cure any of the issues that resulted in the termination or suspension of your Service.  It is solely our decision as to whether to allow you to reactivate Services.  If we do decide to reactivate your Services, we have the right to charge a reactivation fee, and any past due amounts must be paid before the Services are reactivated.

 

In addition, if we are advised by your financing company or any VW Company (as defined in Section 12), or otherwise receive confirmation that you no longer own or lease your Vehicle, we may suspend or terminate your Services.  Please see Sections 6.1 and 9 above for requesting a transfer or cancellation of the Services.

 

This Section 11 does not include termination of services provided by an Integrated Content Provider or Optional Third Party (as defined in Section 3.3 of these Terms of Service) that are subject to separate terms and conditions.

 

12.  Third-Party Beneficiaries

 

The parent, subsidiaries, and affiliates of Volkswagen Group of America, Inc., including its parent company, Volkswagen AG (each a “VW Company”) and all VW Car-Net Service Providers are third-party beneficiaries under these Terms of Service.  As third-party beneficiaries, they are covered by the same protections given to us under these Terms of Service, such as the disclaimers of warranties, limitations of liability, release, and dispute resolution.

 

You are not a third-party beneficiary of any agreement between us and any of our VW Car-Net Service Providers or other third parties.  None of our VW Car-Net Service Providers have any legal, equitable, or other liability of any kind to you under these Terms of Service.  You expressly waive any and all claims or demands for such liability.

 

13.  Changes to These Terms of Service

 

We can change these Terms of Service at any time.  We will notify you of such change by sending notice of or otherwise posting amended terms through your VW Car-Net account and as required by law.  It is your responsibility to review these Terms of Service periodically and when notified of a change.  If you do not agree to the change, you can cancel the Services (as noted in Section 6 above).  If you do not cancel Services within 30 days after we give you notice of the change, then the change will become part of our agreement with you.  You agree that you are accepting such changes for yourself and any additional users of the Services using your Vehicle.

 

14.  Intellectual Property

 

The Services are protected by the United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights.  You may not (or permit or cause any other party to) reproduce, copy, distribute, modify, make derivative works from, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly permitted herein), or claim any right in any aspect of the Services, including the content, text, images, audio, and video without our express, prior written permission.

 

15.  Claims of Copyright Violations and Agent for Notice

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:

 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located (e.g., URL), with enough detail that we may find it;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

 

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

 

We suggest that you consult your legal advisor before filing a notice with our copyright agent.  You should be aware that there can be penalties for false claims under the DMCA.

 

Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By email:  VWCustomerCARE@vw.com

 

By mail:  Volkswagen Customer CARE Center, 3800 Hamlin Road, Auburn Hills, MI 48326

 

Please note that, due to security concerns, attachments cannot be accepted.  Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

 

16.  Trademarks

 

Any trademarks, logos, and service marks (collectively “Marks”) displayed in connection with the Services are the registered and/or unregistered trademarks of Volkswagen Group of America, Inc. or other third parties.  Nothing contained in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of Volkswagen Group of America, Inc. or the other owner thereof.  Your use of Volkswagen Group of America, Inc.’s Marks is strictly prohibited.

 

17.  Disclaimer of Warranties

 

NEITHER VWoA, ANY VW COMPANY, NOR OUR VW CAR-NET SERVICE PROVIDERS WARRANT OR GUARANTEE THAT SERVICES WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR IN ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY, OR ERROR.  NEITHER VWoA, ANY VW COMPANY, NOR OUR VW CAR‑NET SERVICE PROVIDERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT:  (I) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICES, EXCEPT AS PROVIDED BELOW; (II) THE SERVICES, INCLUDING THE DURATION AND ONGOING AVAILABILITY OF SERVICES, AND THE TECHNOLOGIES UPON WHICH THE SERVICES RELY; (III) NONINFRINGEMENT; OR (IV) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICES.  THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, LONGEVITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.  ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE.  VWoA EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.  The only warranties applicable to the Equipment in your Vehicle are those provided as part of your purchase or lease of your Vehicle.  Such warranty does not cover the Services, in whole or in part.

 

18.  Limitation of Liability

 

BY ACCEPTING THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICES, WHICHEVER OCCURS EARLIER, YOU ARE WAIVING IMPORTANT RIGHTS, AND YOU HEREBY PROVIDE YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, THE VW COMPANIES, AND OUR VW CAR-NET SERVICE PROVIDERS.  You acknowledge and agree that neither we, nor any VW Company nor our VW Car-Net Service Providers are liable:  (i) for our inability to contact any VW Car‑Net Service Providers or other party in any particular situation (including any emergency personnel); (ii) for any act or omission of any other company, organization, or government entity furnishing a part of our Services or any equipment provided for such Services, including any such company, organization, or government entity’s decision to discontinue or sunset any technologies upon which the Services currently, or in the future, relies upon for operation; (iii) for errors or omissions of any Service Providers, vendors, dealerships, or manufacturers participating in offers made through us; or (iv) for any damages that result from or arise out of the use, installation, repair, or maintenance by you (or by any person you authorize) of the Equipment or Service, or any product or service provided by or manufactured by third parties.

 

IF VWoA, ANY VW COMPANY, AND/OR ANY OF OUR VW CAR-NET SERVICE PROVIDERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VW COMPANY, AND OUR VW CAR-NET SERVICE PROVIDERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED.  YOU ACKNOWLEDGE AND AGREE THAT NEITHER VWoA, NOR ANY VW COMPANY, NOR ANY VW CAR-NET SERVICE PROVIDERS WOULD HAVE AGREED TO PROVIDE THE SERVICES OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY VW COMPANY, AND OUR VW CAR-NET SERVICE PROVIDERS TO YOU.  IN NO EVENT SHALL WE, ANY VW COMPANY, OR OUR VW CAR-NET SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY:  (I) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER VWoA, ANY VW COMPANY, OR OUR VW CAR-NET SERVICE PROVIDERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (II) ATTORNEYS’ FEES.  YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.

 

19.  Indemnification; Release

 

You agree to defend, indemnify, and hold harmless VWoA, any VW Company, and any VW Car‑Net Service Providers and each of our or their respective affiliates, officers, directors, contractors, and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages, or injuries (including, without limitation, Claims for libel, slander, or any property damage, personal injury, or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) use of the Car-Net Services or your violation of these Terms of Service.

 

You agree that the limitations of liability and indemnities in these Terms of Service for your conduct while these Terms of Service were in effect with you will survive even after your Service Plan has ended or the Services have terminated.

 

WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE VWoA, EACH VW COMPANY, AND EACH VW CAR-NET SERVICE PROVIDER FROM ALL CLAIMS, LIABILITIES, AND LOSSES IN CONNECTION WITH THE SERVICES AND/OR EQUIPMENT INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DATA COMPROMISE, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICES, EVEN IF CAUSED BY THE DISCONTINUATION OF TECHNOLOGIES NOT CONTROLLED BY VWoA OR ANY VW COMPANY OR OTHER VW CAR-NET SERVICE PROVIDER, THE NEGLIGENCE OF VWoA, ANY VW COMPANY OR ANY OTHER VW CAR-NET SERVICE PROVIDERS, OR THE MALFUNCTION OF THE EQUIPMENT.  YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.

 

20.  Dispute Resolution

 

PLEASE FIRST CONTACT US FOR CUSTOMER SUPPORT IN THE EVENT OF ANY DISPUTE.  IF YOU ARE UNSUCCESSFUL IN RESOLVING YOUR DISPUTES BY COMMUNICATING BETWEEN US WITHIN A REASONABLE TIME PERIOD, YOU AND VWoA EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:

 

(I) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE BETTER BUSINESS BUREAU (“BBB”) UNDER BBB ARBITRATION RULES, AS MODIFIED BY THESE TERMS OF SERVICE.  BBB RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE BBB.  ARBITRATION IS NOT A COURT PROCEEDING.  THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT.  THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;

 

(II) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST VWoA, ANY VW COMPANY, OR ANY OF OUR VW CAR-NET SERVICE PROVIDERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES, CONTRACTORS, OR PREDECESSORS IN INTEREST.  IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED.  IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED.  HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION; NO ARBITRATOR HAS THE AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT.  IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT.  IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE ARBITRATORS; AND

 

(III) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND VWoA EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.

 

21.  Contact Information

 

For customer care issues or general inquiries regarding VW Car-Net, you may contact or notify us by using the i-Button or by dialing 1-833-648-2735.  Such notices will be considered effective after we receive them.  Any notice we send will be sent to your last known billing address or email address as shown on our records for the VW Car-Net account.  It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times.  Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you.  Any oral notices will be considered given when we call you or when you call us through the i-Button or toll free at 1-833-648-2735 and you speak with a live Car-Net Response Center representative.  Notices applicable to all users may be posted through the VW Car-Net Website or VW Car-Net App.

 

22.  Miscellaneous Terms

 

22.1        The Laws Governing Our Relationship

 

Subject to the dispute resolution provisions above, these Terms of Service and any applicable disputes arising out of or relating to it or the Equipment or Services will be governed by the laws of the Commonwealth of Virginia, wherever filed, without regard to conflicts of laws principles, and subject to arbitration as set forth above.

 

22.2        Entire Agreement

 

These Terms of Service (including the Service Plan as described on the VW Car-Net Website, VW Privacy Statement, and any other document or policy incorporated by or into this Agreement) is the entire agreement between you and us with respect to the Services or related use of the Equipment.  It supersedes all other agreements, communications, or representations, oral or written, between us, past or present, with respect to the Services or related use of the Equipment.  We are not responsible for any third-party statements, agreements, representations, warranties, or covenants, oral or written including, without limitation, any statements from sources other than us, concerning or relating to the Equipment or the Services, unless such statements, agreements, representations, warranties, or covenants are expressly contained in or incorporated by these Terms of Service or your Service Plan.

 

22.3        Effect of Termination or Non-Renewal of Terms of Service

Upon termination or expiration of these Terms of Service for any reason, you must immediately stop using the Services and your authorization to use the Services is automatically and immediately terminated.  All provisions of these Terms of Service which, by their nature, survive termination or expiration, shall survive termination or expiration of these Terms of Service including, but not limited to, Section 17 (Disclaimer of Warranties), Section 18 (Limitation of Liability), Section 19 (Indemnification and Release), and Section 20 (Dispute Resolution).

22.4        Waiver; Severability

 

No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us to waive any other instance or breach.  If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.

 

22.5        Relationship Between VWoA, Service Providers, and You

 

Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any VW Company or any of our other VW Car-Net Service Providers.  These Terms of Service also do not create any relationship of principal and agent, partnership, or employer and employee between you and us or between you and any VW Company or any of our VW Car-Net Service Providers.  These Terms of Service will also be binding on your heirs and successors and on our successors.

 

22.6        Assignment by VWoA

 

We can assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.

 

22.7        Export

 

You agree to comply with all applicable trade regulations and export control laws both domestic and foreign and to allow any information you provide to be used for the purpose of ensuring export compliance.  The Equipment and the Service, and any underlying information accessed or transferred by you using the Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730–774), as well as the import regulations of other countries.  You agree not to export or re-export any such Equipment, software, or information to any foreign country.  Any information transferred by you using the Services or the Equipment to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

 

22.8        Questions

 

If you have any questions about these Terms of Services, the Services, Equipment, Service Plans, or any other aspects of this agreement, please contact a Car-Net Response Center representative at 1-833-648-2735.

Volkswagen Car-Net Security & Service Terms of Service

Effective February 2018

Congratulations on purchasing or leasing a Volkswagen vehicle (your "Vehicle"). Your Vehicle contains hardware and software ("Equipment") that enables you to receive VW Car-Net personal assistance and safety services (the "Service"). You can choose between features, prices, and time commitments ("Service Plans") for the Service, and a period of free Service is included for an introductory period with your Vehicle. Information about the Service and each of the Service Plans is available at www.vw.com/carnet (the "VW Car-Net Website").

The Service is provided to you, the Vehicle owner or lessee ("you" or "your") by Verizon Connect Inc. ("VCI") on behalf of Volkswagen of America, Inc., an operating division of Volkswagen Group of America, Inc. ("VWoA"), through VCI's operations center and other facilities operated by parties with whom VCI has contracted. VWoA and VCI are both referred to as "we" "us" or "our" in these Terms of Service.

These Terms of Service set forth the agreement between you and VCI with respect to the Service. You will not be able to use the Service unless you review and agree to these Terms of Service. You can obtain more information about the Service, including the current Terms of Service, by visiting the VW Car-Net Security & Service Website at https://carnet.vw.com/doc/terms.html, or by calling VW Car-Net Security & Service at 1-877-820-2290.

Your use of the Service and the VW Car-Net Security & Service Website is also subject to the VW Car-Net Security & Service Privacy Policy, which is incorporated by reference into these Terms of Service. You can review the Privacy Policy anytime on the VW Car-Net Security & Service Website. The subsidiaries and affiliates of VWoA, including but not limited to Volkswagen AG (together with VWoA, the "Volkswagen Companies") are third party beneficiaries under these Terms of Service and the protections set forth in these Terms of Service, including without limitation, the disclaimers of warranties and limitations of liability in these Terms of Service, extend to them.

1. Starting Your VW Car-Net Security & Service Package

In order to use the Service, you must agree to these Terms of Service. Before we provide you with the Service, we may require that we have a current, valid, and accepted method of payment, such as a credit or debit card (“Method of Payment”) on file for you. The terms of your specific Service Plan, including the pricing if you continue the Service after the introductory period and other terms that are part of your Service Plan, are part of these Terms of Service.

You accept, and will be bound by, these Terms of Service if either: (i) your Vehicle purchase or lease agreement contains a provision that says you agree to these Terms of Service; (ii) you sign a contract that includes these Terms of Service; (iii) you purchase or lease a Vehicle that includes the Service in the purchase or lease price and you register for the Service; (iv) you speak with a VW Car-Net Security & Service customer service representative and register for the Service; (v) you authorize your Vehicle dealer to register for the Service on your behalf; or (vi) you or someone you authorize to use your Vehicle and the Service uses the Service or accepts any of its benefits. When you accept, you are representing that you are at least 18 years old and legally able to accept an agreement. Once you accept these Terms of Service, you are responsible for your own compliance with these Terms of Service and for compliance by occupants of your Vehicle and anyone who uses your Service account, whether or not authorized by you.

Until you explicitly request that the Services be fully activated; that is, provide a valid Method of Payment, if required, and otherwise complete the subscription process, or request that the Services be disabled, some emergency services may be active for a limited period following delivery of the Vehicle to you. Additionally, certain other services (i.e.,: vehicle tracking) may be enabled for the benefit of VWoA and VCI until you explicitly request that the Services be disabled. Unless the Equipment is completely disabled in the vehicle, it may be possible for VWoA and VCI to determine the car’s location if required to do so by law, court order, subpoena, or other legal requirements.

2. Discontinuing Your VW Car-Net Security & Service Package During the Introductory Period

You may terminate the Service during the introductory period, if any, included with the purchase or lease of your Vehicle, by contacting a VW Car-Net Security & Service customer service representative at 1-877-820-2290.

3. Changes to Terms of Service

We can change these Terms of Service; change, add, or delete features and Service Plans; and change the prices we charge for each Service Plan, at any time. Any change in prices for your Service Plan will not take effect until the current term of your existing Service Plan has expired. If a change materially affects your Service, or your rights under this agreement, we will notify you of such change by mail, email or posting of amended terms. You can cancel this Agreement if you do not agree to the change, but if you do not notify us within 30 days after we give you notice of the change, then the change will become part of this agreement. By continuing to use the Service after we have notified you of changes to these Terms of Service, you agree that you are accepting these changes for yourself and any additional users of your Service.

4. Registering with Us

If you wish to get the full benefit of your Service Plan, it is important that you register for the Service by calling us at 1-877-820-2290, registering online, or pressing the "i-Button" in your vehicle. Until you register with us for the Service, including but not limited to, certain emergency services, remote lock and stolen vehicle recovery, will not be available in your vehicle. You will be asked to provide identification information as part of the registration process and may be required to provide a Method of Payment.

5. Service Costs, Taxes and Other Charges, Payment Provisions

a) Introductory Period

The introductory period for your Service Plan, if any, starts on the date that you purchased or leased your Vehicle and continues for the time specified in your Service Plan. There may be no initial or additional charge to you for the Service if an introductory period for a Service Plan is included with the purchase or lease of your Vehicle (“introductory period”). You can learn about the features included in your Service Plan, additional features that may be available to you, and the prices for Service Plans and additional features (the "Service Rates") on the VW Car-Net Security & Service Website or by calling us at 1-877-820-2290. This information may also be available in a brochure that may be available from your Volkswagen dealer. Call us at 1-877-820-2290 or press the "i-Button" if you wish to activate or terminate any introductory period included with the purchase or lease of your vehicle. The duration of any introductory period may change from time to time.

b) Service Plan Renewal

After any introductory period ends, the Service will be discontinued unless you create a paid subscription using a Method of Payment acceptable to us, and provide us with appropriate authorization to charge the Method of Payment for an initial term of paid service (“Initial Term”).

After the Initial Term of your Service Plan, your Service Plan will automatically renew for the same amount of time as its Initial Term (unless you are enrolled in a variable term), and the Method of Payment we have on file for you will be charged, unless you or we cancel or terminate your Service in accordance with the terms herein. By continuing to use the Service, you affirmatively consent to such automatic renewal and payment.

 

Unless otherwise permitted (or required) by law, rule or regulation, we will provide you with thirty (30) days’ notice prior to any automatic renewal of your Service Plan to permit you to terminate your Service Plan and not renew. To the extent a different period is required by law, rule or regulation, we will provide you with notice within such period.

c) Excessive Usage Charges and Other Charges

Our ability to provide the Service and maintain its quality may be impaired if customers repeatedly, by way of example and not limitation, place illegitimate emergency, roadside assistance, or remote vehicle door unlock calls, or place or initiate an abnormally high volume of calls, send or receive unusually high numbers of messages, or repeatedly place calls of unusually high frequency or long duration (“Inappropriate Use”). Such Inappropriate Use indicates to us that the Service is being used in violation of these Terms of Service. If we identify that your account is engaged in Inappropriate Use, we will contact you to confirm that you intended to engage in the Inappropriate Use, and that such Inappropriate Use is not resulting from fraud or other problems that are not a result of your conduct. We reserve the right to, in our sole discretion, charge you additional usage charges for such Inappropriate Use, or terminate your account. You hereby agree and consent that we may terminate your account if you intentionally engage in Inappropriate Use, and that you maintain sole and full responsibility and liability for any charges incurred against your account as a result of intentional Inappropriate Use, which will be included in your invoices at our then-current rates and payable by you in accordance herewith.

In addition, if you use certain high data usage Services primarily outside of the network footprint of our wireless Service Partners, and as a result those Services are provided to you primarily through the roaming arrangements of our wireless Service Partners, we reserve the right to notify you and cancel your future use of such high data usage Services.

You are responsible for paying directly to all third parties, including but not limited to emergency service providers, all charges for services furnished by them to you (such as ambulance fees) that are not expressly covered by your Service Plan.

d) Taxes and Surcharges

Service Rates do not include certain taxes and surcharges that may apply to your Service. To the extent applicable, as determined by us in our sole discretion, in addition to Service Rates, we may charge state and local sales taxes, surcharges for federal and state Universal Service Fund contributions, and state and local 911 or other emergency service fees. Charges may also include a cost recovery surcharge for collection of delinquent accounts. You agree to pay any such amounts. Surcharges are typically assessed to help defray our costs (or the costs of our wireless Service Partners) incurred in complying with federal and state telecommunications regulations. Surcharges are not taxes or fees that the government requires from consumers. In addition to all applicable Service Rates, you agree to pay all taxes and surcharges charged to you by us. The applicable taxes and surcharges will be added to your bill.

e) Payment Methods and Your Payment Responsibilities

You are responsible for paying all amounts due on time and in full. All charges (including but not limited to all Service Rates, taxes and surcharges) shall be paid in advance of the term to which they apply (other than Inappropriate Use Charges, which will be billed when incurred) and are non-refundable (except as otherwise provided in these Terms of Service).

Absent a termination of your Service, if you have a valid and current Method of Payment on file with us, we will re-enroll you and automatically charge you in advance for the next full or monthly term of Service at the end of your then-current term of Service. 

 

If your Method of Payment has changed at the time your then-current term ends, you must arrange for payment to us or else we may discontinue the Service. We reserve the right to terminate or suspend the Service (in whole or in part) if your credit, charge or debit card provider refuses a charge from us or if your Method of Payment has otherwise expired. Notwithstanding such termination, you are still responsible for any charges due at the time of such suspension or termination.

YOU HEREBY EXPRESSLY CONSENT AND AUTHORIZE US TO CHARGE YOUR SERVICE RATES FOR ALL SERVICES, PLUS APPLICABLE TAXES AND ANY OTHER CHARGES YOU HAVE INCURRED, ON A MONTHLY OR ANNUAL BASIS TO THE METHOD OF PAYMENT YOU HAVE PROVIDED, UNLESS YOU OR WE CANCEL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

You expressly consent and authorize us to: (1) verify, either ourselves or through third parties, your credit, charge or debit card information; (2) receive updated account information from the financial institution issuing your credit, charge or debit card; and (3) charge all amounts for which you are responsible to the credit, charge or debit card account number you have provided. We will only use this information in connection with determining whether to provide you with or charging you for the Service and as permitted by the VW Car-Net Security & Service Privacy Policy.

f) Disputed Charges

If you think that there has been an error in any charge billed by or through us, you must notify us within sixty (60) days, or such longer period as required by law, after the charge is posted to your account to request an adjustment. If you do not contact us about the disputed charge within this time period, you hereby agree that you have waived your right to dispute the charge and must pay all amounts due in full.

6. Termination, Suspension, Reactivation, Change and Transfer of Service

a) Our Rights to Suspend or Terminate the Service

We can decide to either issue a warning or suspend or terminate the Service at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure or if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose, including but not limited to Inappropriate Use, as a result of your breach of these Terms of Service, or for reasons unrelated to you or your account with us. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access the Service, including the emergency services. In addition, if we are advised by your financing company or any Volkswagen Company that you no longer own or lease your vehicle, we may terminate your Service.

If we elect to terminate your Service (in whole or in part) as a result of your breach of these Terms of Service or unauthorized use of the Service or Equipment, you will not be entitled to any refunds or credits. If we terminate your Service for convenience, you will be entitled to a pro-rated refund for the unused portion of a monthly, annual or multi-year subscription.

b) Your Right to Cancel the Service/Credits

You may cancel the Service at any time by contacting one of our customer service representatives at 1-877-820-2290 and notifying us that you want to cancel the Service. Unless your Service Plan specifies otherwise, you will not be entitled to a refund of any amounts that you have paid in advance. In no event will you be entitled to a refund (i) for any payment that was included in the purchase or lease price of your Vehicle, or (ii) for any one-time activation fees or transaction-based fees, if any, you may have incurred. Such fees are non-refundable.

We may in our sole discretion give a credit (the amount of which is determined by us in our sole discretion) for continuous Service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, as determined by us in our sole discretion, and if you notify us within seven (7) days of the continuous interruption. Any such credit shall constitute your sole and exclusive remedy for such failures, and you waive and release us and our Service Partners from any further liability to you in connection therewith.

c) Reactivation of Service

You do not have any right to have your Service reactivated, even if you cure any of the issues that resulted in the termination or suspension of your Service. It is solely our decision as to whether to allow you to have Service again. If we do decide to reactivate your Service, we have the right to charge you a reactivation fee, and any past due amounts must be paid before the Service is reactivated.

d) Transfer of Service, Sale of Vehicle, Termination of Lease

You cannot transfer the Service to another person or to another Vehicle without our prior consent.

You must notify us if you sell your Vehicle or end its lease. If you fail to notify us, you will remain responsible for all charges for any Service incurred in connection with such Vehicle. It is your responsibility to remove all data and content (including any personal information), if any, that you may have stored on your system before you sell or transfer your Vehicle, to the extent permitted by the Equipment. You agree that you will be responsible for notifying your Vehicle’s new owner if any services or features are active when you transfer the Vehicle, and you must disclose to the new owner that those services or features involve the collection, use and sharing of data as described in these Terms of Service and the VW Car-Net Security & Service privacy policy.

We may communicate with you about the Service by providing you with messages sent through the Equipment in your Vehicle. If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages about you, your Vehicle, your account, or your Service to the Equipment in your Vehicle. We are not responsible for any privacy related damages you may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle. In the event that you turn in your Vehicle to a Volkswagen Company, it is your sole responsibility to cancel the Service in the Vehicle you turn in.

7. Authority to Use, Terminate, Change or Transfer Your Service/Service Plan

We will only accept requests from you (or from someone we believe is you, or someone with your authorization, such as your authorized agent) to use, activate, cancel, change, reactivate, or transfer the Service. You agree that we can assume that anyone who provides your Personal Information Number (which is assigned to you upon the initiation of your Service Plan) or other authentication information or supplies your Method of Payment is authorized to act on your behalf, and that we shall have no responsibility or liability for anything that may arise from our providing any services to, or acting upon instructions from any such individual, even if such individual is not, in fact, authorized by you to use your Personal Identification Number or account.

8. Your Responsibilities

a) Your Responsibility for Proper Operation of Your Vehicle and Proper Use of the Service

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE; AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (OR THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.

b) Your Responsibility for Insuring Your Vehicle

The Service is provided to you as a convenience. The Service is not a substitute for insurance. Neither we nor our Service Partners are an insurance company. You should not consider the Service as insurance or rely on it to limit the potential for loss, theft or damage to your Vehicle or property. The payments you make for the Service bear no relation to your Vehicle's value or that of any property you may keep in it. You are solely responsible for obtaining and maintaining insurance covering personal injury, loss of property, and other risks covering yourself, those who operate your Vehicle, your passengers and anyone else claiming any damages, and release us from any such responsibility. No insurance company or insurer will be entitled to any right of subrogation against us or our Service Partners.

c) Your Responsibility for Maintaining Your Vehicle

In order for us to provide the Service, the Equipment in your Vehicle must be in good working order and your Vehicle must have a working electrical system and adequate battery power. The Service may not work if you try to modify the Equipment or if you add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Service. You may need to adjust your use of other Vehicle features, such as adjusting the volume of your radio, to hear the audio portions of the Service. You are solely responsible for the proper maintenance of your Vehicle and its systems (including the Equipment) and for keeping it in good working order and in compliance with these Terms of Service and all applicable laws. You can always press the "i-Button" in your Vehicle to confirm that the Service is active. If the button is not lit when the Vehicle is on, this means that your system may not be functioning properly or may be inactive, and should be checked by a dealer.

d) No Illegal, Fraudulent or Abusive Use of the Service

You agree that you will not use the Equipment, the Service, or the VW Car-Net Security & Service Website, in any way that is illegal, fraudulent, or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity.

You agree that you will use our emergency and roadside service only for actual emergencies and legitimate roadside assistance and remote vehicle door unlock needs. The remote door unlock is not intended as a substitute for you bringing your key with you.

You may not use the Service in a manner that interferes with any other customers’ use of our Service or our provision of our Service to our other customers. You agree you will not abuse or do anything to damage our or any of our Service Partners' respective business, operations, services, reputation, employees, equipment, property or facilities. You further agree that you will not harass, threaten or use vulgar and/or inappropriate language towards any customer service representatives. You acknowledge that we have the right to terminate your Service if you exhibit such inappropriate behavior.

e) No Commercial Use or Resale of the Service

The Service, including the messages, data, information, content, and/or other material provided as part of the Service, are provided only for your non-commercial use, and not for re-sale. Certain information you receive through the Service belongs to us or our Service Partners (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Service of any information provided through the Service for commercial purposes, nor may you reproduce, copy, modify, make derivative works from or otherwise display or distribute information provided through the Service.

f) No Rights to Telephone Numbers or Other Addresses

You have no property right in any number address or other communication identifier that may be assigned to you or to the Equipment in connection with the Service. Any such number, address or identifier may be changed from time to time.

g) Your Responsibility for Others Who Use Your Vehicle

You are solely responsible for those who use the Service in your Vehicle or use your Personal Identification Number or other authentication information, even if you later claim the use was not authorized, and you will be responsible and promptly pay for any charges arising from such use, and any damages to or expenses incurred by us or any of our Service Partners as a result of such use. Neither we nor any Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or Personal Identification Number or other information that can be used to authenticate your account to request, modify, or use the Service for your Vehicle. You are responsible for the security of your Personal Identification Number and any passwords you use to access the Service. You acknowledge that we will make any changes to your account or charge you for any amounts authorized by a person who provides your Personal Identification Number or other authentication information that can be used to access your account.

h) Contact Information

It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. (i.e., email address, mailing address, mobile phone number). Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us toll-free at 1-877-820-2290, or you speak with a live customer service representative.

9. Use of Certain Service Features

a) Locating Your Vehicle if It Is Lost or Stolen

If your Vehicle is stolen or may be involved in an unlawful act, we and/or our Service Partners can try to help law enforcement agencies locate it, to the extent we are able to determine its location, after you provide us with satisfactory identification and we have confirmed that the police consider the Vehicle stolen or potentially involved in an unlawful act (i.e., you have filed a police report). We generally only provide location information about stolen vehicles directly to law enforcement. However, in cases of crises or emergencies, we may, in our sole discretion, provide you with information about the general area of your Vehicle without law enforcement involvement. If you do not provide us with the information that we request, we may refuse to help locate your Vehicle.

Neither we nor our Service Partners have any obligation to continue our attempts to locate your Vehicle after thirty (30) days from the time it is first reported stolen or lost to us, and we can't guarantee that we will be able to find it. We do not have any obligation to try to find your Vehicle outside of a Vehicle theft situation, such as trying to locate an individual for you). If your Service Plan provides you with the ability to locate your Vehicle, such as by using a mobile application, you should never use this feature to try to locate a stolen vehicle. Such efforts are for appropriate law enforcement agencies.

To enable you to continue to receive the benefits of the Service in the event your Vehicle is recovered, we do not terminate the Service when you report that your Vehicle is stolen, and we will not terminate the Service unless and until we get express instructions from you. Upon our receipt of such an instruction, the Service will be terminated and you will be issued a refund equal to the value of any whole months remaining on your Service Plan that you have paid in advance (not including any payment that was included in the purchase or lease price of your Vehicle).

b) If You Are Locked Out of Your Vehicle

We may be able to unlock your Vehicle doors remotely in the event you are locked out of your Vehicle. You will need to call us and provide satisfactory identification before we will attempt to do so. We may provide assistance to anyone who provides us with your Personal Identification Number or other satisfactory authentication of your account. If we are unable to unlock your doors remotely, you can request that we contact roadside assistance to help you. If your Vehicle or Service Plan does not otherwise include roadside assistance, you will be responsible for the full cost of such services.

c) If You Need Emergency Assistance

We will use reasonable efforts to contact appropriate emergency personnel, such as police, fire department or emergency responders, for assistance when you request it or when the Equipment in your Vehicle signals for it, but we cannot guarantee that any such Service Partners will respond in a timely manner or at all. We will assume an emergency exists if we receive a crash notification signal from your Vehicle, such as a signal that your air bags have deployed. If applicable laws require an emergency to be confirmed before emergency personnel provide service, we will not contact emergency personnel in these areas until we hear your request for assistance or otherwise confirm that an emergency exists.

YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL LIABILITIES AND LOSSES (INCLUDING PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION.

10. How the Service Works, Our Service Partners, Restrictions and Limitations

a) Our Service Partners

We work with many different companies, individuals and government entities to provide you with the Service. These Service Partners include, for example and without limitation, telecommunications providers, wireless service providers, public safety operators, emergency personnel, towing companies, vehicle distributors and vehicle dealers, equipment and software manufacturers, licensors, content providers, and any parties who provide any service, equipment, content, feature or facilities in connection with the Service. These parties are collectively referred to in these Terms of Service as our "Service Partners." In some cases, one or more of the Volkswagen Companies may be a Service Partner. In the event any of our Service Partners impose additional terms and conditions on the services they provide, by accessing such services you agree to comply with any additional terms and conditions imposed by them, which will be available on the VW Car-Net Security & Service Website.

NEITHER DECARTA, TOMTOM, NOR THEIR SUPPLIERS SHALL BE LIABLE TO THE UNDERSIGNED FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DECARTA AND TOMTOM SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT. THE LICENSED PRODUCTS ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS BASIS" AND DECARTA, TOMTOM, AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY DECARTA, TOMTOM, OR ANY OF THEIR AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.

End User shall not use the Customer Application to create (or assist in the creation of) a digital map database. A "digital map database" means a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by-turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.

End User shall not use the Customer Application to provide competitive information about TomTom or its products to third parties.

The Customer Application may not be used for in-flight navigation.

U.S. GOVERNMENT RIGHTS. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR. In case of conflict between any of the FAR and/or DFARS that may apply to the Licensed Product, the construction that provides greater limitations on the Government's rights shall control. Contractor/manufacturer is TomTom North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643. 0330. The Licensed Products are © 2006-201_ by TomTom. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed Products are a trade secret and a proprietary commercial product and not subject to disclosure.

If End User is an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then End User hereby agrees to protect the Licensed Products from public disclosure and to consider the Licensed Products exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Licensed Products. In the event that such exemption is challenged under any such laws, this EULA shall be considered breached and any and all right to retain any copies or to use of the Licensed Products shall be terminated and considered immediately null and void. Any copies of the Licensed Products held by Customer shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this EULA shall be considered terminated and null and void, in its entirety, and any and all copies of the Licensed Products shall immediately be destroyed.

It is expressly prohibited to use the Premium Points of Interest North America for (a) telephone call routing related applications; (b) screen pop applications, (c) CD-ROM director of other derivative directory product; (d) verification services; (e) caller name services; and (f) online marketing lead verification services.

End User agrees that the use of the Brand Icon component is subject to the terms and conditions set forth in this Agreement and that there may be additional third party terms, conditions and restrictions to which the use of the Brand Icon component will be subject and which will be provided to the End User from time to time in the product release notes.

Service Partners may include Google, Inc.'s map services, use of which is subject to the Google Maps Terms of Service available at:

https://www.google.com/intl/en_us/help/terms_maps.html

b) How the Service Works, Coverage Area

The Service generally works using wireless communication networks from our wireless Service Partners and the Global Positioning System ("GPS") satellite network. The Equipment in your Vehicle receives GPS signals and communicates with our response centers through the use of wireless and landline communications networks. The location of your Vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the Service. Some or all of the Service may not be available in all areas and may only be available if your Vehicle is in a geographic area covered by the service network footprint (and within operating range) of one of our wireless Service Partners and is able to receive GPS signals. Service is currently only available in the continental United States (including the District of Columbia), and Alaska, Hawaii and Puerto Rico with some roaming abilities for certain services also available in Canada.

c) Software

We use software in connection with the Service. We (or our Service Partners) own or have rights to all such software and you do not acquire any rights in such software other than the right to use such software as reasonably necessary for you to use the Service as permitted in your Service Plan and these Terms of Service. We may update or modify the software contained in your Vehicle's systems or the Equipment from time to time, and we may do this remotely without notifying you or seeking your consent. Your Vehicle's systems and the Equipment also may contain or utilize software that a Volkswagen Company and/or our Service Partners may need to update or change from time to time. You agree that we may assist them to make such updates or changes that they request remotely without advance notice or your consent. These software updates and modifications may affect or erase data that you have previously stored on the Equipment in your Vehicle (such as specific route or destination information). We are not responsible for any lost or erased (or otherwise affected) data and you are solely responsible for the data that you may have downloaded, uploaded, transmitted or otherwise stored from, to, on or through the Equipment or Service.

d) Voice Recognition 

Voice recognition software, which may be able to recognize different voices, accents, speech patterns and words, may be used in connection with the Service. We do not represent or guarantee that such software will recognize or work with your or others’ voices, accents or speech patterns, or recognize some or all words, some or all of the time.

e) Events Beyond Our Control

Various conditions beyond our control may prevent or delay us from providing Service to you, or affect the quality of the Service. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills or tunnels), damage to or failure to maintain your Vehicle or the Equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, acts of God, natural disasters, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service (in whole or in part) or terminate your Service Plan, without notice to you and without any liability, except for refunding any prepaid amounts paid on account of a termination under such circumstances. We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.

In the event of any regulatory, governmental or other legally-compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our wireless carrier terminates or restricts wireless services of the type used by your Vehicle's Equipment), you are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessitated as a result of such change or discontinuation, except that if such change occurs during your Vehicle's base warranty period, while you will still be responsible for the cost of such replacement, we will be responsible for obtaining and providing you with the necessary replacement materials (if applicable).

11. Collection and Use of Your Vehicle and Subscriber Data

We here outline some of our data collection and use practices. For more information, please refer to the VW Car-Net Security & Service Privacy Policy available through www.vw.com/carnet, which is incorporated herein by reference.

We collect information about you. This information includes the following: contact information; billing information; information you voluntarily provide to us or our Service Partners; information about your use of your Vehicle and your use of VW Car-Net Security & Service features; information about your interactions with us, our affiliates, or our Service Partners; and information about your mobile device when you use our app.

We collect information about your vehicle. This information includes the following: make, model, and year of your vehicle; vehicle identification number (VIN); purchase or lease date; dealer from which you purchased or leased the vehicle; information about the state of your vehicle (e.g., airbag deployment, vehicle diagnostics); and the location, heading, or speed of your vehicle. We may automatically collect such information from your vehicle. We collect this information to provide VW Car-Net Security & Service features, to comply with legal obligations, or to use or share in an anonymized or aggregate manner for purposes including research, analysis, product or service improvement, and aggregated information services such as traffic reporting. You may terminate this data collection at any time by calling us at 1-877-820-2290 to cancel services. If you terminate such data collection, you will not be able to receive any other VW Car-Net Security & Service features.

We collect information about you and the Vehicle from sources including the following: directly from you or your use of the VW Car-Net Security & Service features, the VW Car-Net Security & Service Website and the mobile application; from your dealer; from the Vehicle's distributor or manufacturer; from our Service Partners and affiliates; and from publicly or commercially available sources.

How Do We Use the Information We Collect? We use the information for various purposes, including the following: to provide VW Car-Net Security & Service features to you and the occupants of your vehicle; to customize VW Car-Net Security & Service features for your use; to analyze and troubleshoot VW Car-Net Security & Service features and usage; to improve our product offerings; for research, safety, and prevention of fraud and misuse; to communicate with you; to provide you with information about products or services offered by our Service Partners or other third parties; and for our business purposes and to maintain internal records.

How Do We Share the Information We Collect? We share information with each other, with our affiliates and with our Service Partners for our and their business purposes; with our Service Partners for activities performed on our behalf; with business partners to provide you with joint marketing offers; with your dealer to assist it in servicing your vehicle or for other business purposes; as required or permitted by law; when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the VW Car-Net Security & Service features or anyone else that could be harmed; and in the event of a sale or acquisition of our companies. We may share aggregated or anonymized data with third parties.

We will not otherwise sell or share information that identifies you or the Vehicle for the independent use of third parties without your consent.

The VW Car-Net Security & Service features transmit voice and data between the response center and your Vehicle over wireless and cellular telephone networks. We cannot guarantee the privacy and security of conversations or data transmitted to and from the Vehicle. You agree that we are not liable for any damages arising from a loss of privacy that occurs during communications over these networks.

You consent to us or any Volkswagen Company requesting and obtaining your current personal information (as defined by 18 U.S.C. § 2725) from any state department of motor vehicles or any reseller of such information. Your consent is pursuant to 18 U.S.C. § 2721(b)(13).

12. Disclaimer of Warranties

NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR AT OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE, (2) THE SERVICE, (3) NONINFRINGEMENT, OR (4) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.

The only warranties applicable to the Equipment in your Vehicle are those extended as part of your purchase or lease of your Vehicle. Such warranty does not cover the Service, in whole or in part. This warranty is not from us or binding on us and you must contact the Vehicle maker or dealer directly for any questions on such a warranty.

13. Limitation of Liability

BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICE, YOU ARE WAIVING IMPORTANT RIGHTS, AND YOU ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, VOLKSWAGEN COMPANIES AND OUR SERVICE PARTNERS (AS DESCRIBED HEREIN).

Neither we, nor any Volkswagen Company nor our Service Partners assume any risk or responsibility for your use of the Service, or any of the information or other content provided as part of the Service. You acknowledge and agree that neither we, any Volkswagen Company, nor any of our Service Partners are liable for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, atmospheric conditions, acts of God or natural disaster or by any other conditions or circumstances out of our control (as further described above in Section 12(e) of these Terms of Service).

In addition, neither we, any Volkswagen Company nor our Service Partners are liable (1) for our inability to contact any Service Partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Equipment or Service, or any product or service provided by or manufactured by third parties.

IF WE, ANY VOLKSWAGEN COMPANY AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VOLKSWAGEN COMPANY AND OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY VOLKSWAGEN COMPANY, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY VOLKSWAGEN COMPANY AND OUR SERVICE PARTNERS TO YOU.

IN NO EVENT SHALL WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEY'S FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.

You understand and agree that the Volkswagen Companies and our other Service Partners, including without limitation the wireless carriers, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service and you waive any and all such claims or demands. If any Volkswagen Company or any of our other Service Partners is involved in any problem, you also agree to any limitations of liability that such entity imposes on its customers.

14. Indemnification; Release

You agree to indemnify and hold harmless VCI, each Volkswagen Company and each of our Service Partners, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys' fees on account thereof) (collectively "Claims") irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) violation of these Terms of Service or your (or any occupant of your Vehicle) misuse, Inappropriate Use, or failure to use the Service or Equipment.

You agree that the limitations of liability and indemnities in these Terms of Service will survive even after your Service Plan has ended and your Service has terminated. These limitations of liability apply not only to you, but to anyone using your Vehicle, the Equipment or the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our Service Partners provide or the Equipment.

WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE US, EACH VOLKSWAGEN COMPANY AND EACH SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF US, ANY VOLKSWAGEN COMPANY OR ANY OTHER SERVICE PARTNER, OR THE MALFUNCTION OF THE EQUIPMENT. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.

15. Dispute Resolution

YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AND VCI EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:

(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER WIRELESS INDUSTRY ARBITRATION ("WIA") RULES, AS MODIFIED BY THESE TERMS OF SERVICE. WIA RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE AAA. ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITARATION DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;

(2) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST VCI, A VOLKSWAGEN COMPANY OR ANY OF OUR SERVICE PARTNERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED.  HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION;

(3) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS; AND

(4) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND VCI EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.

16. Contact Information

You may notify us by postal mail (Verizon Connect Inc., 2002 Summit Boulevard, Suite 1800, Atlanta, Georgia 30319), phone 1-877-820-2290, by pressing the "i-Button" in your Vehicle and talking to a customer service representative, or by electronic means (via the VW Car-Net Security & Service Website). Such notices will be considered effective after we receive them. In particular, any written notice from you will be considered given when we receive it at our address provided in the preceding sentence.

Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us toll-free at 1-877-820-2290, or you speak with a live customer service representative.

Calls with our customer service representatives, emergency personnel, or the police may be monitored or recorded for quality assurance, issue resolution, maintaining service, training, or promoting or providing services. Our and our Service Partners' customer service representatives may remain on the line while conferencing in a third party to assist in completing a service request. You (for yourself and your Vehicle's occupants and anyone else acting or using the Service on your behalf): (1) expressly consent to the monitoring and recording activities described herein, and (2) release us and our Service Partners from claims, liabilities and losses resulting in connection with any such monitored and/or recorded communications.

17. Miscellaneous Terms

a) The Laws Governing Our Relationship

These Terms of Service and any disputes arising out of or relating to it or the Equipment or Service will be governed by the laws of the State of New York, wherever filed. Any complaint, arbitration or other legal action concerning these Terms of Service shall be interpreted under the laws of the State of New York and shall be subject to the jurisdiction of the courts of the State of New York. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses the Service.

b) Entire Agreement

These Terms of Service (including the Service Plan, the Privacy and any other document or policy incorporated by this Agreement) is the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Equipment or the Service provided to you pursuant to these Terms of Service or your Service Plan, unless such statements, agreements, representations warranties or covenants are expressly contained in these Terms of Service or your Service Plan.

c) Effect of Termination or Non-Renewal of Terms of Service & Service Plan.

Even after your Service Plan has ended and unless it has been replaced by a new agreement expressly entered into by and between us, the provisions of these Terms of Service will continue to govern any disputes arising out of or relating to it. These Terms of Service will also be binding on your heirs and successors and on our successors. In addition to any other provisions identified herein as surviving termination or expiration of your Service Plan, the following provisions of these Terms of Service shall survive the termination or expiration of your Service Plan: Sections 4, 5, 6, 7, 8, 9 and 11 through 17.

d) Waiver; Severability.

No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.

e) Relationship Between Parties.

Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any Volkswagen Company or any of our other Service Partners. These Terms of Service also do not create any relationship of principal and agent, partnership, or employer and employee between you and us or between you and any Volkswagen Company or any of our Service Partners.

f) Third-Party Beneficiaries.

Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our Service Partners, and these Terms of Service do not give you any rights against any Volkswagen Company or any Service Partner. You are not a third party beneficiary of any agreement between us and any of our Service Partners. None of our Service Partners has any legal, equitable, or other liability of any kind to you under these Terms of Service. You expressly waive any and all claims or demands for such liability.

g) Assignment.

We can assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.

h) Export

You agree to comply with all applicable trade regulations and export control laws both domestic and foreign. The Equipment and the Service, and any underlying information accessed or transferred by you using the Service may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any such Equipment, software or information to any foreign country. Any information transferred by you using the Service or the Equipment to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

Privacy Policy for Volkswagen Car-Net Security & Service

Protecting your privacy is very important to us. This Privacy Policy is effective as of April 2018.

The purpose of this privacy policy (the “Policy”) is to describe what information Volkswagen of America, Inc., a business unit of Volkswagen Group of America, Inc. (“VWoA”) and Verizon Connect (“VCI”) may collect in connection with VW Car-Net Security & Service, including when you use VW Car-Net Security & Service, operate a vehicle equipped with VW Car-Net Security & Service, use the VW Car-Net Security & Service mobile application, or visit the VW Car-Net Security & Service Web site. It also describes how and with whom that information may be used or shared. This Policy is not intended to limit any data usage provisions contained in the VW Car-Net Security & Service Terms of Service (the “Terms of Service”) that you agreed to in order to receive the VW Car-Net Security & Service or any other agreements that you may enter into with VCI or VWoA. Please read this Policy and the Terms of Service carefully. This policy governs Car-Net Service on vehicles sold and operated in the United States.  For information about VWoA’s data practices for products and services other than Car-Net, please see our corporate privacy policy available at vw.com/privacy.

INFORMATION WE COLLECT AND HOW WE USE IT

We collect information about you and your Volkswagen vehicle (the “Vehicle") to facilitate the provision of VW Car-Net Security & Services. Providing these services involves a commercial relationship between you and us. Your use of VW Car-Net Security & Service may involve your interaction with our Service Providers, which include entities with whom you may interact directly such as roadside assistance, emergency service, and other similar providers. We and our Service Partners require certain information from you to provide those services. For example:

  • To provide VW Car-Net Security & Service, we must collect certain information when you activate your account and agree to the Terms of Service, including your contact information (e.g., your name, address, email and emergency contact), your billing and payment information and various other information. We may use this information to establish your credit or protect against fraud and misuse.

We may also monitor or record conversations you have with our customer service representatives, emergency personnel, or the police, as well as your use of any of our or their automated services, for purposes such as assessing, maintaining or improving service quality; issue resolution; training; or promoting and providing services. You understand and agree to such monitoring and recording and you are responsible for notifying any users of your vehicle that this may occur. When you contact VW Car-Net Security & Service for the provision of services, we may collect caller identification information and the date and time of call. Our and our Service Partners’ customer service representatives may remain on the line while conferencing in a third party to assist in completing a service request.

We may use information about you and your Vehicle to customize VW Car-Net Security & Service for your use, analyze and troubleshoot VW Car-Net Security & Service and usage, improve our product offerings, maintain internal records, and communicate with you about VW Car-Net Security & Service or other products or services. For information about your choices regarding communications, refer to the Section of this policy entitled YOUR CONSENT AND CHOICE REGARDING COMMUNICATIONS.

The information we may collect about your Vehicle or your mobile application includes by way of example:

  • information relating to the purchase or lease of your vehicle (e.g., make, model, year and vehicle identification number (VIN));
  • information concerning your Vehicle’s operation, performance and feature utilization (e.g., diagnostic trouble codes and maintenance conditions such as tire pressure and fuel economy) to enable VWoA to, among other things, provide you with VW Car-Net Security & Service, perform research, and improve our products and services;
  • information about accidents involving your Vehicle (e.g., whether air bags deployed) for the purposes of notifying emergency personnel or otherwise addressing potential emergencies;
  • information about your vehicle’s location, direction, or speed when you request a VW Car-Net Security & Service (e.g., to provide you with Destinations/Points of Interest; to provide automatic collision notification; to provide vehicle location services in the event your Vehicle is stolen), to comply with legal obligations, or to use or share in an anonymized or aggregate manner for purposes including research, analysis, product or service improvement, and aggregated information services such as traffic reporting; and
  • information concerning the type of mobile device you use, the device’s operating system, information you provide via the device, and, when you request a VW Car-Net Security & Service, the location of the device at the time of a service request, and other information as needed to provide a VW Car-Net Security & Service.

HOW WE OBTAIN INFORMATION ABOUT YOU AND YOUR VEHICLE

We obtain information about you and the Vehicle in a number of different ways. These include, but are not limited to:

  • information you or your Vehicle dealer, distributor, or manufacturer provide to us when you buy or lease your Vehicle or register for Service;
  • information obtained from VW Car-Net Security & Service Equipment in the Vehicle and your use of the Service;
  • information you provide when you use the Web sites or other online services of VW Car-Net Security & Service or our Service Partners or from the mobile application;
  • information collected about your use of the Web sites or other online services of VW Car-Net Security & Service or our Service Partners;
  • information provided by you directly, through communications between you and us (or our Service Partners);
  • information obtained through publicly available or commercial sources; and
  • information exchanged between us, our affiliates and our Service Partners.

In addition, we and our Service Partners and the Volkswagen Companies may intercept any wire, wireless, oral or electronic communications made or transmitted through the Service, at any time and for any reason, as permitted by law.

DISCLOSURE OF YOUR INFORMATION

To provide VW Car-Net Security & Service, we share your information with Service Partners including, for example, roadside assistance providers and emergency service providers (e.g., 9-1-1) for the purpose of delivering VW Car-Net Security & Service to you. We may also share information about you and your Vehicle with service providers, i.e., third parties that perform services on our behalf, such as call centers, mailing vendors and Web site hosting companies. We may share information about the Vehicle and you with each other and our affiliated companies to facilitate research and to improve our product and service offerings, and with each other for marketing purposes.

We may share information about activation of the services with your Volkswagen dealer in order to allow the dealer to contact you. We also share pertinent information with law enforcement or others in case the stolen vehicle location assistance service has been requested. When required, we may release information to comply with valid legal process including subpoenas, court orders or search warrants, and as otherwise authorized by law, or to enforce or apply the terms of our agreements with you or to defend ourselves or Volkswagen in a litigation. For example, we may be legally compelled to provide location data and other information to law enforcement agencies, pursuant to validly issued subpoenas or similar judicial or law enforcement procedures. We may also share your information with third parties for purposes other than as described in this policy with your consent.

We may share information with dealers and our affiliates to provide information about products and services that may be of interest to you. We may share information with Sirius XM radio in connection with their provision of satellite radio services.

We may share information with our business partners for joint marketing offers that may be of interest to you.

We also may disclose information about you and your Vehicle when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web sites or anyone else that could be harmed by such activities.

Should we declare bankruptcy or should our assets ever be acquired by or merged into another organization, the information we have collected about you and your Vehicle will be treated as an asset and may be transferred to a third party that purchases or otherwise acquires our assets.

UPDATING OR CHANGING YOUR ACCOUNT INFORMATION

It is your obligation to correct or update the information you provide upon activation of the VW Car-Net Security & Service when that information changes. You may review, update or change your information by calling one of our customer specialists at 1-877-820-2290 or writing to the Volkswagen Car-Net Security & Service Response Center c/o Verizon Connect, Inc., P.O. Box 422628, Atlanta, GA 30342.

PROTECTION OF INFORMATION

We employ administrative, technical and physical controls to protect against the loss of, or unauthorized access to, the information under our control. Although we take your privacy very seriously and we use responsible and reasonable practices to protect the privacy of your information, we cannot guarantee that your information will always remain secure.

SECURITY ON CELLULAR AND WIRELESS NETWORKS

The VW Car-Net Security & Service transmit voice and data between the response center and your Vehicle over wireless and cellular telephone networks. Although it may be illegal for unauthorized people to intercept these transmissions, we cannot guarantee the privacy and security of conversations or data transmitted to and from the Vehicle.

FINANCIAL INFORMATION

We may collect your financial information such as credit and debit card numbers and bank and other financial institution account numbers in connection with transactions you enter into with us. We use your financial information to help us process these transactions. We may use third-party service providers to help us perform some of these tasks. In such instances, we will provide your financial information to these third parties for the sole purpose of performing these tasks. We may also provide your financial information to your credit card issuer, financial institutions, credit card processors or other payment processors to process transactions.

USE OF VW CAR-NET SECURITY & SERVICE WEB SITE AND MOBILE APPLICATIONS

When you browse the VW Car-Net Security & Service or VCI Web sites or use the VW Car-Net Security & Service mobile application, we collect information about you, your use of the services, and your device. For example, you may submit on our Web site your name, contact information, VIN, and the like. In addition, we collect information about your interactions with the VW Car-Net Security & Service Web site and mobile app, the VCI Web site or Web sites of our Service Partners. We may collect and use your IP address and the Web site address of your point of entry to our sites, as well as other information about your connection, including your computer’s browser and platform type and your Internet connection speed, and your mobile device type and operating system version. We may collect and use information concerning the type of mobile device you use; the device’s operating system; information you provide via the device; the location of the device at the time of a service request; and other information as necessary to provide a VW Car-Net Security & Service. We use this information to monitor statistics such as how many people visit our Web sites and use our mobile apps, which pages people visit on our sites and how much time is spent on each page, which Web domains our visitors come from, which browsers are used to visit our sites, and how people use our mobile apps.

In addition, we may use “cookies” and other technologies on our Web sites. Our use of cookies allows you to maintain your account login information between visits to our Web sites. We also use these tools and technologies, and third party services such as Google Analytics, to better measure activity at the site and improve the user experience and to tell us the time and length of your visit to the Web sites. We may also use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies on our Web sites and/or in our communications with you to enable us to know whether you have visited a Web page or received a message.

We may work with third party companies to display ads or customize the content of the Web sites. These companies may use cookies, pixels, tags, or similar technologies that are placed in browsers to gather information about your visits to our Web sites, as well as your visits elsewhere on the Internet. These companies use this information to provide you with more relevant advertising known as interest-based advertising. Some of these companies may be participants in the Digital Advertising Alliance (“DAA”). The DAA offers a choice mechanism with respect to certain types of data collection and use. We adhere to the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. Visit www.aboutads.info to exercise choice with respect to participants of the DAA. If you change computers, devices, or browsers, use multiple computers, devices, or browsers, or delete your cookies, you may need to repeat this process for each computer, device, or browser. Additional information about removing cookies is found in the user documentation for your Adobe Flash player software. Please be aware that disabling cookies may prevent you from using specific features on our Web sites.

YOUR CONSENT AND CHOICE REGARDING COMMUNICATIONS

By using VW Car-Net Security & Service, you agree to the practices and procedures described in this Policy. You also consent to our contacting you in your Vehicle or at your address, email address or phone number on file for the purpose of delivering VW Car-Net Security & Service to you and to discuss your account services, features and benefits. From time to time, we may also send you information about selected products, services or offers we think may be of interest to you. In addition to any unsubscribe options that may be contained in emails you receive from us that provide offers for VW Car-Net Security & Service or other products or services, if you do not want to receive emails or other communications about our offers, products or services, contact a Customer Service representative at 1-877-820-2290 or VW Car-Net Security & Service Privacy Policy c/o Connect, Inc., P.O. Box 422628, Atlanta, GA 30342-2628.

Please note that even if you choose not to receive marketing emails from us, you may still hear from us regarding the status of VW Car-Net Security & Service and any other service issues and order status updates that will allow us to provide you with an optimal user experience.

We or our Service Partners or affiliates may also use your name, postal delivery information and phone number to contact you offline about products, services or offers that we think would be of interest to you. If you do not wish us to contact you offline, please contact us at or 1-877-820-2290 or VW Car-Net Security & Service Privacy Policy c/o Verizon Connect, Inc., P.O. Box 422628, Atlanta, GA 30342-2628.

By giving us your e-mail address and/or obtaining products and/or services through our Web sites, you agree to receive e-mail marketing from us and our third-party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Telemarketing Sales Rule,16 C.F.R. § 310 et seq., as amended from time to time (the “TSR”). Notwithstanding that your telephone number may be listed on the Federal Trade Commission’s or a State’s Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Telephone Consumer Protection Act (TCPA) 47 U.S.C. § 227; the TCPA rules issued by the Federal Communications Commission 47 C.F.R. § 64.1200; the TSR; and state laws, rules and regulations governing telemarketing. Moreover, by registering with, or requesting information from, a Service Partner or affiliate, such action constitutes a purchase, an inquiry and/or an application with the respective Service Partner or affiliate for purposes of the TSR and you may be contacted via e-mail, direct mail and/or telemarketing by such Service Partner or affiliate in accordance with the TSR, the TCPA and its implementing regulations and applicable state laws, rules and regulations.(You may always opt out of receiving promotional calls from us by contacting us at 1-877-820-2290 or VW Car-Net Security & Service Privacy Policy c/o Verizon Connect, Inc., P.O. Box 422628, Atlanta, GA 30342.)

LINKS

The VW Car-Net Security & Service or VCI Web site may contain links to other sites, including, among others, those of advertisers, other third parties, and companies whose trademarks may appear on the site. We are not responsible for the information collection practices or the content of the sites to which we link or for content and information collection practices of the Web sites and online services belonging to our Service Partners.

What is a Service Partner?

Service Partners are third parties that work with VW and Verizon Connect, Inc. to provide services, equipment, content, features, or facilities connected with the provision of VW Car-Net Security & Service. Service Partners include, without limitation, telecommunications providers, call center operators, wireless service providers, public safety operators, emergency personnel, towing companies, vehicle distributors and dealers, equipment and software manufacturers, certain advertising companies and content providers or other third vendors acting on our behalf to provide the VW Car-Net Security & Service.

Service Partners may include Google, Inc’s map services, Parkopedia, and Spot Angels Information collected through such services is subject to the Service Providers’ respective privacy policies and is not governed by this policy.  YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties for the third parties direct marketing purposes. California law provides that you have the right to submit a request at our designated address and receive the following information:

  • the categories of information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and
  • the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by contacting us via the contact information below.  

CHANGES TO THIS POLICY

We reserve the right to change this Policy. Any changes will be effective immediately upon the posting of the revised Policy. We will notify you of any material changes to this Privacy Policy by posting a revised Policy on the VW Car-Net Security & Service Web site. You can access the current Policy at www.vw.com/carnet, by requesting a copy from us by writing to VW Car-Net Security & Service Privacy Policy c/o Verizon Connect, Inc., P.O. Box 422628, Atlanta, GA 30342, or by calling us at 1-877-820-2290. Your continued use of VW Car-Net Security & Service after any such change is made constitutes acceptance of the terms of the modified Policy.

YOUR COMMENTS

We welcome feedback concerning this Policy. Please send your comments and questions to VW Car-Net Security & Service Privacy Policy c/o Verizon Connect, Inc., P.O. Box 422628, Atlanta, GA 30342-2628, or call 1-877-820-2290.

For more information, call (877) 820-2290 or go to vw.com/carnet.

“Car-Net” is a registered trademark of Volkswagen Group of America, Inc. Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. “Android” and “Google” are trademarks or registered trademarks of Google Inc.

 ©2018 Volkswagen of America, Inc.